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Motorcycles

Started by BW • 13 replies • 3831 views

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BW (Colorado)
Posts: 28
Posted:
Our association is looking into revising our Declaration & we are gathering topics that the members feel need to be clearified, added or deleted. Several members want to prohibit the ownership of motorcycles by all association members. At this time, there is only one "motor scooter" owned by a member. Is this OK?
Jadedone4 (Virginia)
Posts: 495
Posted:
BW, I would assume by ban you meant that ALL owners (or your governing document's required majority votes) would agree that no one would be allowed to purchase, house, or ride a motorcycle in your community?

I have a bias here (I am a rider), but why would you want to ban motorcycles from community where there is only one "motor-scooter" owner?

Now if the issue is an attempt to better manage/regulate parking, I would suggest that you include langauge addressing the real issue into a resolution.

I would also assume that the HOA could ban motorcycles (as some do RV's, commercial vehicles, etc). Might not be a good policy though, but one that I am sure could be enacted (and probably contested as well).
JoeW1 (New York)
Posts: 728
Posted:
BW - IMHO, no it is not OK to ban someone's ownership of mode of transportation. Motorcycles may be loud, but they are part of the fabric of life. If your Association feels a ban on motorcycles is worth pursuing, that's their choice. Curious if you have a problem with limited parking in your community?
MikeS1
Posts: 668
Posted:
Good luck with that one!
http://www.reason.com/blog/show/120662.html
http://www.magpie.com/nycmoto/cb2.html
http://www.topix.net/state/md/2007/06/fast-motorcycles-and-a-deadly-beltway-accident
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BW: I would question why the need to prohibit use of motorcycles by members, when presently you only have one motor scooter. What is the real problem?

Is it the noise or perhaps riding/driving above the posted speed limit? If the problem is along these lines, perhaps you may need to direct the revisions appropriately.
RogerB (Colorado)
Posts: 5,067
Posted:
BW, banning motorcyles from being stored within the limits of the HOA may be done by amending the Declaration. But you would need to grandfather existing motorcycles. You also would need to define motorcyle. For example one can argue that a motor scooter is not a motorcyle.

The association has no authority to prohibit the ownership of a motorcyle by any homeowner.
BradP (Kansas)
Posts: 2,640
Posted:
BW:

that is a can of worms I wouldn't want to get into. I would think your HOA would have bigger fish to fry. But if they insist I think the best they can go is to prohibit them from being parked or stored out in plain site, if I put it in my garage out of site they can't be touched.

The HOA can't tell someone what vehicle they can buy, it would be like telling someone you can't own or wear shorts.
LindaC3 (Florida)
Posts: 526
Posted:
Our Deed Restrictions classify motorcycles as "prohibited" vehicles which means they are not allowed to be driven on the roads....You are free to trailer them to the gate and leave the trailer in the parking area and go riding to your hearts content outside of the community...They must be wholly enclosed in a building on your property... We had a few members who wanted to add to the deeds this go round to be allowed to drive them from the gate to their homes and we all quickly PooPooed that idea...Not that I have anything against bikes ,as my husband has built and owned 18 harleys over the years, but with all the kids in our neighborhood and dirt/gravel roads- it's an accident waiting to happen..plus the majority of people here just dont want to deal with the noise issue......IT's always been on our deeds for over 30 years and really hasnt been a big deal till this year when an older gentleman wanted to save $$$ on gas and ride his bike....We told him fine- ride it be careful and trailer it to the gate......Best of luck with your proposal and just choose your words wisely to restrict the USE of motorcycles......LindaC
AnnaD2 (Florida)
Posts: 960
Posted:
LindaC, our association also prohibits motorcycles....always has. It goes hand in hand with our "peaceful enjoyment" rule, and all the rest of our noise regulations. I feel they should rightly prohibit motorcycles NOW, while they only have one little scooter. Nip it in the bud before the Hell's Angels move in. Try to solve the problem if that happens.
BradP (Kansas)
Posts: 2,640
Posted:
Linda and Anna:

I am assuming by your responses that your HOA owns the streets. I would think if the streets were publicly owned you could not have those restrictions.
LindaC3 (Florida)
Posts: 526
Posted:
Good Morning Brad P..... Yes our HOA "owns" the streets...We are a 3500 acre gated hunting and equestrian facility with shell rock roads.....Guests are even prohibited from riding "bikes" on the roads....I remember one Sunday morning a new gate attendent let someone in the gate on a "bike" and you could hear this sewing machine for miles....The phone rang off the hook at the gate from people calling.....Now the owner should have immediatley escorted their guest back to the gate to have them park the "bike" there and then drive back to their home to finish the visit...All kinds of hell broke out here with this incident and we will NEVER let motorcycles in the subdivision....And I also am a "bike" rider have been for years but did not move to the country to hear this kind of noise pollution.....I would have to say thats one of our BEST deed restrictions ..NO MOTORCYCLES.....LINDAC
MicheleD (Kentucky)
Posts: 4,491
Posted:
I would also agree that it would be unlikely that a ban on motorcycles on the streets of a non-gated community would be an uphill climb.

If it is a legally licensed vehicle, then I don't think it would be possible for an HOA in a non-gated, non-private road community to ban the use of them on their roads. They can require they be parked out of site, like RVs and such, but not prohibit them from using the roads.

HaroldS1 (Arizona)
Posts: 314
Posted:
Board authority questions posted recently seem to be in a "Can You Top This" contest. Harold
JohnB7 (South Carolina)
Posts: 176
Posted:
A 'street legal' motorcycle with a factory installed EPA legal exhaust system is virtually silent. 'Straight pipes' are illegal modifications which serve no purpose.
You can write the CCRs to enforce local and federal law.
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